High Court Kerala High Court

Giji Mathew vs State Of Kerala on 22 October, 2009

Kerala High Court
Giji Mathew vs State Of Kerala on 22 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 197 of 2008()


1. GIJI MATHEW, THEKKEL HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.V.M.KURIAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :22/10/2009

 O R D E R
        PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
                     ------------------------
                L.A.A.Nos. 197 & 418 OF 2008
                     ------------------------

            Dated this the 22nd day of October, 2009

                          JUDGMENT

Pius C.Kuriakose, J.

The claimants are in appeal. The acquisition was for the

purpose of construction of a bridge. The properties were in

Muvattupuzha village. The Land Acquisition Officer relied on

Ext.A4 basis document and awarded land value at the rate of

Rs.17,646/- per Are. In fact the land value disclosed in Ext.A4

basis document was Rs.29,411/- per Are. The Land Acquisition

Officer deducted 40% on the reason that the property covered by

the basis document was more important than the properties

under acquisition and it was on that reason the value was fixed

at Rs.17,646/- per Are. Even though the several documents

were produced by the appellant/claimant before the Reference

Court, the learned Sub Judge placed reliance mainly on Ext.A4

itself and also on Ext.X1 report submitted by an advocate

commissioner, who had inspected the properties under

acquisition as well as the properties covered by Ext.A4. The

Reference Court, however, did not become inclined to award the

LAA.No.197 & 418/2008 2

land value at Rs.29,411/- per Are reflected in Ext.A4 observing as

follows;

“It has come out in evidence that

Ext.A4 property is situated in more

important area when compared to the

present properties. There is no material to

come to a conclusion that Ext.A4 property

and the property covered by the present

references are similar and similarly situated.

Hence, the prayer of the claimant cannot be

granted”.

2. In these appeals, the appellant mainly contend that the

court below should have refixed the land value at Rs.29,411/-

per Are. i.e. the centage value reflected in Ext.A4 itself. In fact

the claim in appeals is limited to the above amount.

3. We have heard the submissions of Sri.V.M.Kurian,

learned counsel for the appellant and those of Sri.Basant Balaji,

learned senior Government Pleader. We were taken through the

impugned judgment as well as through Ext.X1 commission

LAA.No.197 & 418/2008 3

report and the oral testimony rendered by AW3 the advocate

commissioner. Sri.Kurian submitted that the observations of the

learned Sub Judge that the evidence is to the effect that the

acquired property is inferior to the property covered by Ext.A4 is

contrary to the evidence actually on record.

4. Even though the submissions of Sri.Kurian were resisted

by the learned Government Pleader, who would support the

impugned judgment on the various reasons stated therein,

having made a reappriasal of the evidence, particularly Ext.X1

commission report and testimony of the commissioner as AW3,

we are of the view that the court below was in error in

concluding that the property under acquisition was inferior to

the property covered by Ext.A4 and according to us, the

appellant should have been awarded centage value of land as

reflected in Ext.A1. Under the above circumstances, allowing

these appeals and in modification of the land value fixed under

the impugned judgment, we refix the value of land under

Acquisition at Rs.29,400/- per Are.

The appeals will stand allowed . But in the circumstances

without any order as to costs. The appellant/claimant will be

LAA.No.197 & 418/2008 4

entitled for all statutory benefits admissible under Section 23

(1A), 23(2) and Section 28 of the Act to which she becomes

eligible by virtue of refixation under this judgment.

PIUS C.KURIAKOSE,JUDGE

K.SURENDRA MOHAN, JUDGE
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